Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!wuarchive!mit-eddie!bloom-beacon!LARRY.MCRCIM.MCGILL.EDU!mouse
From: mouse@LARRY.MCRCIM.MCGILL.EDU
Newsgroups: comp.windows.x
Subject: Re:  TO ANYONE REQUESTING KHOROS FROM UNM
Message-ID: <9012091724.AA15382@Larry.McRCIM.McGill.EDU>
Date: 9 Dec 90 17:24:50 GMT
Sender: daemon@athena.mit.edu (Mr Background)
Organization: The Internet
Lines: 37

> Subject: TO ANYONE REQUESTING KHOROS FROM UNM

No need to YELL at us.

> You should further be aware that the contract between UNM and Paragon
> Imaging permits Paragon to institute legal action against third
> parties for wrongful use of code to which Paragon has an exclusive
> license.

The legal system allows you to institude legal action against very
nearly anyone for very nearly any purpose.  Whether you can win, and
what you can get if you win, may be affected by your contract with UNM
and possibly by your net posting, if you can show that the defendant
was aware of its content and could be sure that it was from you.

Since contract clauses that attempt to restrict or abolish one party's
right to sue the other are routinely struck down, never mind those that
attempt to restrict one party's right to sue third parties, your
statement can hardly be taken as merely remarking that your contract
with UNM doesn't keep you from suing third parties.

And, a contract between UNM and Paragon cannot bind third parties.

So just what do you think you're trying to pull here?!  I can't think
of anything but blatant intimidation by implied threat of lawsuit.  (If
I'm wrong, prove it, for example by explaining just what you *do* think
the statement I quoted above is supposed to accomplish.)

All of which is leaving aside the ethics of the suit against UNM.  I
don't know enough about the situation to comment with any surety on
that.  (I have my guesses, but that's all they are, so I'll keep my
mouth shut.)

					der Mouse

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			new: mouse@larry.mcrcim.mcgill.edu